Sample Attorney Client Retainer Agreement

ATTORNEY CLIENT RETAINER AGREEMENT

You have asked this firm to act as your attorneys. This letter sets forth the agreement concerning legal representation in your matter. This agreement shall become effective upon viewing and acceptance of the above estimate. Should the firm, under any circumstances, begin representation before receipt of your acceptance, the terms of the agreement will constitute the terms of the firm’s offer to you, your acceptance of services rendered under this agreement constitutes acceptance of the terms of this agreement.

1.         You hereby agree to pay the firm a retainer, as outlined above, which is paid for the purpose of assuring our availability in your matter, and which will be credited against the overall fee in your matter.  Monthly billing statements detailing work done on the case are available upon written request by the client.  Any unpaid billable hours will be paid by the client subsequent to the case on a monthly basis. 

2.         The attorneys will record time in increments of six minutes, or tenths of hours, at the rate of one hundred seventy five dollars ($175.00) per hour and keep accurate time records. Where appropriate the attorneys may delegate certain duties to a legal assistant at a reduced hourly rate. Other attorneys in the firm may assist with your matter. It is impossible to determine in advance the amount of time that will be needed to complete your case or any particular step therein. You may be charged a flat, or fixed, fee for certain types of legal services. In those instances, your retainer and the fee will be the same amount.

3.         “Costs” include the firm’s out-of-pocket expenses, such as filing fees, transcripts, appraisers, accountants, mileage, long distance telephone charges, photocopy costs, fax charges, and computerized legal database search charges. Costs will also be itemized and billed on a monthly basis.

4.         It is further understood and agreed that any billing not brought current (or satisfactory arrangements otherwise made) thirty (30) days following the monthly billing statement, or prior to the scheduling of a hearing in the matter, whichever comes first, you agree to the withdrawal of the firm as attorneys of record.

5.         The firm shall have absolute right to withdraw from representation in this case at any time upon reasonable notice to you if you breach any provisions of this agreement. Non-payment of account is a reason for the firm’s withdrawal. There shall be no refund to you for time and/or expenses expended on the case. 

6.         You agree that neither the attorneys nor the firm have made representations of any kind about the outcome of this case and have not expressed any opinion whether may prevail in this matter.

 7.         Fees and costs may be awarded by the court, but because collection of fees and costs awards are unpredictable, court orders must be considered to be merely a fund from which you can recover fees already paid, and not a source of payment. You are primarily liable for payment of the total fee. Of course, any amounts received pursuant to court order will be credited to your account.

8.         The firm shall keep you well informed on the progress of your case. You will receive copies of all papers coming in and going out of the office, including correspondence, pleadings, and other court documents. If no one is available when you telephone, your call will be returned promptly, usually within twenty-four (24) hours. The file and its progress are open to your inspection at any reasonable time by prior appointment.

9.         Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. The firm is required by the Rules of Ethics and Rule 11 of the Idaho Rules of Civil Procedure to thoroughly investigate the facts of, and law applicable to, a case prior to filing any pleading, motion or other paper with the court. Because of this investigation phase, the time required to initiate a case could be substantially more than your, or the firm’s and attorneys’ initial estimates.

10.       We have discussed the scope of the work you have requested us to do. Many things may happen that substantially increase or decrease the estimated cost of handing this matter. Any estimate expressed by the firm or the attorneys is only an estimate, and is not a guarantee of the maximum fee on hourly rates, or a flat rate bid. 

Bankruptcy Clients:  In addition to this agreement, the provisions of the client estimate shall be controlling as far as fees, costs, and charges.  In all bankruptcy cases, post-petition amendments to the statements and schedules, and/or chapter thirteen plan revisions will require additional funds from client.  All contested matters are not included in the scope of this agreement.  The scope of bankruptcy representation shall be further governed by the terms incorporated within form 2016(b) of the final paperwork. 

11.       Time is of the essence of this Agreement.

12.       In the event of any litigation between the parties concerning this Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all costs and expenses, including, but not limited to, reasonable attorney’s fees, incurred in such litigation.

13.       This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.

14.       Hand-written provisions inserted in this Agreement and initialed by the attorney and you in ink shall control all typewritten provisions in conflict therewith.

 15.       This Agreement shall inure to the benefit of and be binding up the parties hereto and their respective successor and assigns.

16.       All current and potential conflicts of interest are hereby waived by virtue of this agreement, including, but not limited to, conflicts arising from this offices' past and present representation of RC Willey Financial Service and other credit institutions.

How often can I file Bankruptcy?

Under the 2005 amendments to the bankruptcy code, a debtor may only file for chapter 7 bankruptcy every 8 years.  However, if there is any indication that a debtor is taking advantage of the bankruptcy system, the United State's Trustee's Office may investigate the particular case filing for "bad faith." 

This is an important aspect to consider in any bankruptcy case, and it is one of the first issues that I look at for each of my new cases. 

The Value of Mediation

Abraham Lincoln once said:

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expense and waste of time.”
In my experience with both divorce and child custody litigation, I have found this statement to be true, with very few exceptions.  Most often, I find that both litigants are unhappy with the trial court's decision, and all this after spending thousands of dollars in legal fees!  This is because each party is so focused on who is right that they miss out on the many alternatives that could accommodate both parties wishes and desires. 

Case in point: I recently completed a contested custody trial in which both parties argued vigorously for their proposed custody arrangement.  In the end, the judge gave neither party what they wanted, and instead found a middle ground that is unlikely to avoid future conflicts.  I suspect that within a year or two, each will find themselves back in litigation.  In another recent case, I met with the parties prior to any formal court proceedings, and we agreed to come up with a solution that met most, if not all, the criteria of the parties.  Whenever we reached a point of impasse, in which neither party was willing to budge, we explored alternatives that neither had previously thought of, but which seemed to work.  In the end, both parties were pleased with the result and were optimistic about their future co-parenting.  And, unlike the first couple who chose to fight their differences out in court, the couple who chose to mediate have established a long-term forum in which future disputes can be resolved in a quick and cost-effective manner!

Principle always triumphs over passion!

Is Bankrupty Right for Me?

One of the most difficult questions I see for individuals and families who are struggling financially is how or when to file for bankruptcy.  I find that there simply is no substitute for an individual analysis of your particular situation.  There are many factors to consider, including not only solvency, but also property ownership, debt levels, ability to repay, exemption planning, precluding/disqualifying issues, and a variety of other factors that combine to give you a reliable basis on which to make your decision.

Divorce Counseling

     In recent months, I have developed an area of my practice specifically devoted to giving legal counsel to those couples contemplating divorce.  I find that many of the pre-divorce perceptions and expectations by my clients are often difficult, if not impossible, to meet, and that is because there are rarely any real winners in a divorce (of course, there are cases in which divorce is necessary, such as with spousal abuse, and these cases are the exception).  My goal is to help those who are contemplating divorce explore some of the legal and practical realities of splitting up their marriage and family, such as financial hardship (and often bankruptcy), custody disputes, legal fees, emotional trauma to the children, and many unsavory aspects of court litigation.
     If you, or someone you know, is contemplating divorce, give me a call and let's talk it over.  You may be surprised to find that the grass can often be quite brown on the other side of your marriage fence!

Welcome!

     Welcome to my blogspot!  My goal is to create a site that is not only informative but that also inspires and lifts the reader's views to a more elevated veiw of the law. 
     I am a firm believer that true principles are a sure guide, even in the most uncertain situations.  In law, it is no different.  Principles such as Honesty, Integrity, Humility, Generosity, Kindness, and Sincerity of Purpose can help not only attorneys, but also their clients as they seek to resolve their diffuculties through the legal process.
     I find that even in the most hostile of situations that principle centered actions always produce the best results.  My focus as a lawyer is to help people find innovative solutions to their problems by taking a principled centered approach, thus opening possibilities that would otherwise be lost to them.
     A Lawyer's true contribution lies not in his ability to argue, but in his ability to reason, and true reason must be based on true principles if the solutions are to endure.
     Please feel free to comment/post/contact me with any questions or ideas.  I look forward to your readership!